Terms and Conditions

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These Terms of Service govern your use of www.digital-Cantina.com, and your purchase of and access to courses and content available through the Site. 

Your use of the Site and your purchase of a Course is conditional on your acceptance of these Terms of Service and our Privacy Policy, which is incorporated into these Terms of Service by reference.  By using the Site or purchasing a Course, you accept these Terms of Service in full and without reservation and agree to be bound by them.

If you disagree with these Terms of Service, you must not use the Site or register for any Course.

You must be at least 18 years of age to use the Site. By using the Site and by agreeing to these Terms of Service, you warrant and represent that you are at least 18 years of age.

Copyrights and Trademarks

The text, images, graphics, videos, scripts, guides, articles, spreadsheets, documents, and other materials available through the Sites or the Courses (“Content”), as well as the look and feel and arrangement of the Site and the Content, are the sole property of Amy Allsop and Digital Cantina, and its licensors and are protected by copyright law.

All trademarks, and logos that appear on the Site or in the Content are property of Digital Cantina.  You may not use or reproduce any of our trademarks or any confusingly similar trademarks, or pass off your products or services for products or services associated, affiliated, or endorsed by Digital Cantina.

Subject to the limited rights described below, all intellectual property rights in the Sites, Courses and Content are reserved.

You agree that Digital Cantina is the sole owner of the Content and that you have no rights to use, reproduce, or distribute any Content other than as permitted by these Terms of Service.

Without limiting the foregoing, you agree not to:

• republish any Content in print or digital media (including republication on another website or social media account);
• sell, rent or sub-license any Content, or materials derived from the Content;
• display any Content in public;
• use the Content to create competing or substantially similar works;
• reproduce, duplicate, copy or otherwise exploit any Content for a commercial purpose;
• edit or otherwise modify any Content;
• redistribute Content to third-parties (where Content is specifically made available for redistribution on the Sites, it may only be redistributed within your organization for internal use); or
• republish or reproduce any part of the Sites through the use of iframes, screenscrapers, or other automatic means.

Confidentiality of Course Content

The materials made available to you when you purchase a Course or access non-public Content are confidential and proprietary. By purchasing a Course or accessing restricted Content, you agree that you will only use the Content as a personal, educational resource and will not disclose the Contents to third-parties, pass off any Content as your own (including by using Content to create substantially similar materials), or use the Content to compete with us.

Acceptable use

You may use the Sites and the Content only in accordance with applicable laws and these Terms of Service.

You may only view, download for caching purposes only, and print Content for your own personal use, subject to the restrictions set out elsewhere in these Terms of Service. 

Without limiting any other provision of these Terms of Service, you agree not to:

• use the Sites or the Content in any way that causes, or may cause, damage to the Sites or the Content or that may impair the availability or accessibility of the Sites;
• Use the Sites or the Content in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• conduct any systematic or automated data collection activities on the Sites without our express written consent, including scraping, data mining, data extraction, data harvesting, framing (iframes), or article spinning;
• mislead or deceive us or others, including by submitting false information when you purchase a Course or a misleading or fraudulent claim for a refund;
• take any action that imposes an unreasonable load on the Sites;
• attempt to gain unauthorized access to any restricted area of the Site, including servers, databases, Course Content or user accounts; or
• introduce to the Site, or use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Third Party Sites

This Site contain links to websites and applications operated by third-parties. If you use these links, your use of third-party websites, applications, and services will be solely governed by the terms and conditions of those third-parties.  We are not responsible for the content, products, services or information provided by third-parties. 

Disclaimers

The Site is provided “as is”, “where is” basis. We make no representations or warranties and expressly disclaim all warranties as to merchantability, security, accuracy, fitness for purpose, quality, and non-infringement to the extent permitted by law. 

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

• the Site will be constantly available, or available at all; or
• the information on the Site is complete, true, accurate, or suitable for every person.

We do not guarantee that Content will lead to your financial success or desired outcome. You are responsible for all actions you take and decisions you make as a result of the Content. You agree to release Digital Cantina and its officers, shareholders, directors, employees and contractor any claims arising out of your dissatisfaction with the Content.

Digital Cantina, the Site, and the content are not endorsed, sponsored, or affiliated with Instagram or Facebook, Inc. All trademarks are used for descriptive purposes only.

Limitations of liability

To the extent permitted by applicable law, in no circumstance will Digital Cantina or its officers, shareholders, directors, employees, or contractors be liable to you (whether under the law of contract, the law of torts or otherwise) for indirect, special, or consequential loss, including loss of revenue, income, profits, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, even if such loss is foreseeable. Our liability to you related to a Course you have purchased is limited to the amount you paid for that Course. 

Unenforceable provisionsIf any provision of these Terms of Service is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions.

Indemnity

You hereby agree to indemnify and hold harmless Digital Cantina and its officers, shareholders, directors, employees, and contractors (the “Indemnified Parties”) from and against any losses, damages, costs, liabilities and expenses (including legal expenses and any amounts paid to a third party in settlement of a claim or dispute) incurred or suffered by the Indemnified Parties arising out of or related to your use of the Site, Content, or Courses, your breach of any third-party rights or applicable law, or your breach or alleged breach of any provision of these Terms of Service. 

Breaches of these Terms of Service

Without prejudice to our other rights under these Terms of Service, if you breach these Terms of Service in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, requesting that your internet service provider block your access to the Site and/or bringing court proceedings against you.

Variation

We may revise these Terms of Service from time-to-time by posting a copy on the Sites. Revised Terms of Service will apply from the date of the publication. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Service without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Service.

Entire agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between us in relation to your use of the Site and the Content and your purchase of Courses, and supersedes all previous agreements, understandings and representations. 

Law and jurisdiction

These Terms of Service, and any disputes related to the Site, Content, or Courses will be governed by and construed in accordance with the laws of the state of Utah subject to the exclusive jurisdiction of the courts of Utah. You consent to service of process by courier or email to the address provided to us.